The Fair Work system

The Fair Work system was created by the Fair Work Act 2009 and started on 1 July 2009. The Fair Work system is the name used for the minimum employment laws and agency bodies that were created by the Fair Work Act. It is the national workplace relations system.

Victoria

State government employees working in sectors that provide essential services of core government functions aren’t covered by the national system. These include state infrastructure services such as electricity and gas.

Some state government employers have registered agreements in the national system. Employees covered by those registered agreements are within the national system.

Western Australia

The following types of businesses are not covered by the national system:

sole traders

partnerships

other unincorporated entities

non-trading corporations.

These types of businesses and their employees are covered by the state system. State public sector and local government employees are also covered by the state system.

Sometimes businesses operating as sole traders, partnerships, other unincorporated entities, non-trading corporations, and state public sector or local government employers have registered agreements in the national system. Employees covered by those agreements are within the national system.

If a business is run by a sole trader in the state system in Western Australia and changes to a company, it will move to the national system.

The Fair Work Ombudsman is committed to providing advice that you can rely on.

The information contained on this website is general in nature. If you are unsure about how it applies to your situation
you can call our Infoline on 13 13 94 or speak with a union, industry association or workplace relations professional.

Visitors are warned that this site may inadvertently contain names or pictures of Aboriginal and Torres Strait Islander
people who have recently died.